§ 13-116

(a) In this section, “proof of concept” means a test, evaluation, demonstration, or pilot project of a good, service, or technology in a real–world environment to evaluate whether the good, service, or technology can be successfully deployed and is beneficial to the State.

(b) (1) A competitive proof of concept procurement is a formal competitive procurement method that may be used to solicit proposals for the conduct of a proof of concept prior to full implementation when the head of a unit determines the process to be appropriate and in the best interests of the unit, including:

(i) testing software–as–a–service or off–the–shelf software;

(ii) testing new, innovative products or services; or

(iii) testing a product or service conceptualized or conceived of by a unit of State government.

(2) (i) After obtaining the approval of the head of the unit and before conducting a competitive proof of concept procurement, the unit shall obtain approval from the Secretary of Information Technology, or the Secretary’s designee.

(ii) The Secretary of Information Technology may grant approval for a competitive proof of concept procurement if the unit:

1. has sufficient internal resources to manage the proof of concept, including human capital, subject matter expertise, and technological infrastructure, or has the means to obtain these resources; and

2. enters into a memorandum of understanding with the Department of Information Technology that requires regular status updates, vendor capacity, and any other information necessary for the Department of Information Technology to evaluate whether the proof of concept can be successfully deployed and is beneficial to the State.

(c) (1) A competitive proof of concept procurement may be conducted through the issuance of a solicitation by any method of procurement authorized under this Division II.

(2) A competitive proof of concept procurement solicitation shall include a statement of:

(i) the scope of work or project description, including the intended use, quantity, estimated time frame for the proof of concept, and anticipated number of proof of concept awards that will be made; and

(ii) the factors, including price, that will be used in evaluating proposals and the relative importance of each.

(3) A solicitation may be distributed to vendors known to offer goods or services within the scope of the proof of concept and shall, except for procurements under $15,000 not otherwise required by law to be posted, be posted on eMaryland Marketplace Advantage, in accordance with the policies and procedures under subsection (g) of this section.

(d) After receipt of proposals but before award of a procurement contract, a unit may:

(1) conduct discussions with an offeror to ensure full understanding of:

(i) the requirements of the unit, as set forth in the request for proposals; and

(ii) the proposal submitted by the offeror; and

(2) request product samples for testing by the unit or a demonstration of a product or service and use these samples or demonstrations in its evaluation process.

(e) A request for product samples for testing or demonstration made under subsection (d)(2) of this section shall be issued to all offerors deemed reasonable at the time of the request.

(f) A unit may award one or more of the proposals a contract for the proof of concept.

(g) A vendor awarded a proof of concept procurement shall be eligible to bid on a procurement to implement a proposal related to the proof of concept procurement.

(h) The Department of General Services, in consultation with the Department of Information Technology, shall adopt policies and procedures for the development and implementation of competitive proof of concept procurements.